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The death of a loved one, be it a partner, family member or close friend is always a distressing time for everyone involved. The situation can be exacerbated further if there are disputes raised about the inheritance of personal items, money, or property. Thanks to Birkett Long’s vast experience in inheritance matters, we can advise you on your best course of action and discuss the full set of options available to you.
Our inheritance lawyers are available to help you find an acceptable solution that will allow you to get on with your life. We understand that inheritance disputes can be extremely stressful and emotionally draining, and our highly skilled team of inheritance lawyers can use their expertise to make the process as simple and straightforward as possible.
No matter what type of inheritance dispute you are facing, our lawyers can offer in-depth guidance about your case and the various funding options that may be available. This includes giving you an idea what each course of action could cost, how long it may take, as well as assessing the overall strength of your case.
Who can legally make an inheritance claim?
Under the Inheritance (Provision for Family & Dependants) Act 1975, only the following people are legally entitled to make a claim:
- Either a spouse or civil partner of the deceased
- If they have not remarried or entered into a new civil partnership, a divorced spouse or separated civil partner of the deceased
- Anyone who lived with the deceased for at least 2 years before their death
- Children of the deceased (including those over 18)
- Stepchildren, adopted children, fostered children and anyone treated as their child by the deceased
- Anyone who was cared for by the deceased before their death
We believe that court proceedings should be the very last resort. Not only because of the potential costs you can incur, but also because of the emotional and psychological impact it can have on those involved.
Our inheritance dispute lawyers are committed to achieving the best possible outcome for all our clients using the most cost-effective method. In many cases, this can mean entering into mediation or negotiation to reach amicable out of court settlements.
Given our experience in inheritance law, we are aware that sometimes there is no other option but to pursue the matter in court. Should this occur in your case, you can rest assured you will have the full support of specialist inheritance lawyers who have years of trial experience behind them.
Get in touch with our inheritance dispute team today
If you are aware of an inheritance dispute, we advise you to consult us as soon as possible. Dealing with the issue quickly will enable you to get a clear assessment of your claim and take the relevant steps to protect your position.
When a loved one dies, the last thing anyone wants is to fall out over their estate. Unfortunately, in some cases, this cannot be avoided, even if a will is in place.
The whole process of disputing a will can be very time consuming and emotionally difficult. This is the same whether you are contesting a will, or find yourself on the receiving end of a claim.
Our contentious probate specialists help you understand more about the grounds for contesting a will, inheritance act claims or trust disputes.
Every contentious probate matter is unique and requires bespoke advice. Our specialist team of inheritance dispute solicitors works alongside you to challenge a will. They will guide you through this highly complicated area.
Our solicitors will fight your case in the courts where appropriate. However, we are also committed to the constructive resolution of disputes by mediation or negotiation wherever possible.
Here are a few examples of disputes that we deal with:
- Who pays the legal costs following a will dispute?
Are you worried that a loved one was influenced by someone else when they wrote their will? Does this undue influence make the will invalid?
Do you think a loved one lacked mental capacity at the time of writing their will? Does this mean their will is not valid?
Do you have a claim for financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975?
Do you believe that a loved one’s estate has been depleted by financial abuse during the deceased’s lifetime?
Is there a dispute between executors or between executors and beneficiaries?
Has a will been lost or does it contain errors?
- Are there arguments about what’s been left to you in someone’s will, a trust or inheritance?
can you dispute a will or the inheritance you receive?
To find out if your case is worth taking forward, call Amanda Smallcombe on 01206 217395. Amanda is head of our team of inheritance dispute solicitors and advises on problems following a bereavement. Our solicitors are able to assist throughout Basildon, Colchester and Chelmsford.
- Caroline Dowding
- Partner, Head of Agriculture and Estates
- 01206 711398
- David Feakins
- Emma Harper
- Associate, Fellow of the Chartered Institute of Legal Executives
- 01206 711375
- Tim Ogle
- 01206 711371
- Jane Orchard
- Consultant Solicitor
- Ben Parmenter
- Partner, Head of Wills, Trusts & Probate in Colchester
- Claire Read
- Partner, Head of Private Client Department
- 01206 217303